Disputed Georgia education bills now law

Published 6:33 pm Wednesday, April 27, 2022

ATLANTA – Several highly contested education bills from the 2022 legislative session were signed into law by Gov. Brian Kemp Thursday morning.  

Among the most debated bills are ones that prevent teaching of certain race-related topics labeled by Republicans as “divisive concepts” and transgender sports; remove books containing content deemed to be harmful out of libraries and schools; and allow parents to intervene in their child’s instruction. 

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Divisive concepts and transgender sports

While Critical Race Theory — a concept that suggests systemic racism is embedded in laws, policies and institutions — isn’t taught in Georgia schools, the new law (HB 1084) prevents its teaching and curriculum that borders other race-related topics. In the 11th hour of the legislative session, Republicans added a provision allowing the Georgia High School Association to ban transgender females (biological males) from playing on girls sports teams. 

“It ensures all of our state and nation’s history is taught accurately because here in Georgia, our classrooms will not be pawns of those who want to indoctrinate our kids with their partisan political agendas,” Kemp said before the signing.

He said the sports addition to the bill protects fairness in school sports and strives to give “every young girl in this state to have every opportunity to succeed in the sport they love.” Proponents say that biological boys have an unfair advantage and are typically stronger than biological girls, while opponents argued that the bill targets an already vulnerable group at risk of mental health issues and suicide.

Local school boards will have to develop a complaint resolution process for its schools to follow by Aug. 1 for students, parents or other school staff to report alleged teachings of “divisive concepts.” Complaints would be submitted to principals to investigate and make a determination, subject to review of the superintendent and local board of education. 

Anyone aggrieved by the final decision can appeal to the State Board of Education, which upon its determination can suspend school waivers if its recommended corrective action plan is not implemented at the school within a certain timeframe.  

“This is an assault on the truth. We cannot mute history under guise of making a particular group of Georgians feel comfortable,” Georgia NAACP President Gerald Griggs said, adding the bill is a direct threat to Black and brown residents. “We need to teach the truth about Georgia’s history in order to move Georgia forward in a united fashion. 

If the athletic association determines that it is necessary and appropriate to prohibit students whose gender is male from participating in athletic events that are designated for students whose gender is female, then the association may adopt a policy to that effect, a section of the new law states. 

 Parental Bill of Rights

Kemp also signed the “Parental Bill of Rights” (HB 1178) Thursday, which requires school districts to provide procedures for a parent or guardian to withdraw their child from specific course curriculum. The new law requires local school superintendents or principals to provide documents related to a teachers’ curriculum within three days after a parent submits a request for the information.

“The Parental Bill of Rights provides greater transparency to parents and legal guardians regarding what their student is being taught in school and protects the fundamental right of moms and dads across this state to direct the education of their child,” Kemp said before the signing Thursday.  

Limiting books in schools

SB 226, Quality Basic Education Act, requires all local school boards to adopt a complaint resolution policy by Jan. 1 to be used to address complaints from parents or guardians alleging that material that is harmful to minors has been provided or is currently available to a student enrolled in the school system. 

Harmful materials could include books and materials pertaining to sex, sexuality, gender and race. The state Department of Education is tasked with creating a  model complaint resolution policy by Sept. 1. Local BOEs are required to adopt a policy by Jan. 1, 2023

“Making sure parents have the ultimate say in their child’s education should not be controversial,” Kemp said referencing Democrat opposition to the aforementioned bills.

“One day after a Georgia teacher was honored at the White House, Brian Kemp is signing legislation that attacked Georgia teachers,” Georgia Democrats posted on Twitter after the signing. “We need a governor who will work to build up teachers and encourage teachers and parents to work together, not drive them apart.” 

Other bills signed into law Thursday include:

SB 588: The bill aims to prevent parents from unjustly being removed from school board meetings. It requires local school boards, by Oct. 1, to adopt rules of conduct for public meetings that include provisions for the removal of members of the public for actual disruption.

HB 517: Doubles the cap on student scholarship organization donations, including the Greater Opportunities for Access to Learning scholarships.

SB 220: Creates a Commission on Civics Education to explore ways to ensure financial literacy is taught in schools. Kemp said the goal is to teach students the importance of good credit and how to budget properly, so that they are better prepared for the world beyond the classroom.

HB 385: Allows retired teachers to return to the classroom full time in high-need areas.